Immigration Updates October 2011
The shortage occupation list
The Migration Advisory Committee announced last month that the Shortage Occupation List should be revised in order to restrict non EU migrants to a smaller proportion of occupations in the UK labour market.
It was also recently announced that the rules will be relaxed in order to deal with the shortage of actuaries (who specialise in risk assessment). To accommodate this occupation would inevitably support the recruitment of actuaries from outside the EU.
Last month saw a total of 29 job titles being recommended for removal from the list including secondary school biology teachers, pediatric dentistry and veterinary surgeons. 33 job titles were recommended to be added to the list including actuaries, environmental scientists and jobs within television and video games sectors.
Notable improvements at the Haslar Immigration Removal centre
Following a damning report in 2009, the Haslar immigration removal centre is said to have made ‘significant improvement’ after a surprise inspection. The Chief Inspector of Prisons noted however, that there were still concerns as to the UK Border Agency’s handling of immigration casework and ‘continued failings’ needed to be addressed. A new refurbishment program which was implemented after the inspection in 2009 had shown an improvement in the system with detainees being provided excellent resources and welfare officers.
The UK Border Agency commented that it was still trying to find ways in which to speed up cases.
Changes to the Life in the UK Test
The Prime Minister David Cameron announced changes to the Life in the UK test which must be taken by all those who wish to apply for settlement or naturalisation as a British Citizen in the UK. Cameron observed that there are no questions in the actual test on British History and noted that these must be incorporated into the test. Cameron was quoted saying “we are going to revise the whole test … and put British history and culture at the heart of it."
Sham Marriages
BBC news reported that 4 people were being charged over their involvement in sham marriages. They reported that the UK Border Agency had recently prevented a marriage between a Leicester woman and Indian national. A British citizen was charged with 10 counts of assisting unlawful immigration and the bride to be faced 2 counts of bigamy and 1 count of perjury. The Indian national groom to be was charged with seeking leave to remain by deception.
Higher Education in the UK
National Press critics observed that UK policies send out the wrong message to academics and researchers by capping immigration in higher education. Reference was made to the system in the US where universities are exempt from any immigration caps.
Changes in the Immigration Rules
On 10th October 2011, the Government laid statement of changes in the Immigration Rules before Parliament. The changes allow the UK Border Agency to deny entry or leave to remain in the UK to those migrants who have outstanding NHS charges which have not been paid. The charges must be £1,000 or more. This means that migrants who are subject to immigration control, will be required to settle their outstanding bills of £1,000 otherwise they risk being refused permission to enter or remain in the UK. The change will come into effect as of 1st November 2011. Immigration Minister Damian Green was quoted saying:
'The NHS is designed to meet the healthcare needs of the UK and we won't tolerate abuse of this service.
'We welcome overseas visitors, but those who use NHS facilities need to pay for them, or they will be barred from coming here.
'It's very simple - pay up or you won't be welcome in the UK.'
The changes to the Immigration Rules are sought to deter migrants from overseas who have NHS debts and to encourage them to meet their financial obligations for the services they use. The NHS service will provide the UK Border Agency with the necessary information to help the UKBA identify those outstanding debtors. It is said that 94 % of outstanding charges owed to the NHS will be covered as a result of these changes.
Changes to settlement
Migrants will be required to provide supporting evidence to demonstrate that they are earning a minimum amount before they can qualify for settlement.
As of 31st October 2011, Tier 2 migrants will need to provide evidence of their income before they can qualify for settlement.
Immigration Rule 317
Minor amendments are being made to this rule which allows for parents, grandparents and other dependant relatives to join the settled sponsor in the UK. The idea behind the changes is to make the rules more transparent. Changes will also be made to the dependant relatives of refugees and those who were granted humanitarian protection.
The UK Border Agency announced that it would be making ‘technical corrections’ to the rules regarding other dependant relatives of a refugee/those granted humanitarian protection. They will be deleting a provision in the rules which requires a migrant to be refused if he or she has one or more unspent conviction when they apply for entry to the UK or for further leave to remain.
The changes in the rules will also clarify that in order to apply for settlement, migrants would need to have entered the UK with valid entry clearance (valid leave to enter or remain) meaning that overstayers will not qualify under the rules.
Students
Minor changes will be made to the Immigration Rules on students (in the form of technical changes) for instance; Education Scotland is the new name for Her Majesty’s Inspectorate of Education and the amendment of the definition of UK-recognised body to confirm that it includes foundation programme offices for post-graduate doctors and dentists.
Olympic and Paralympic games
Changes are anticipated to effectively manage the entry and stay of games family members (such as technical staff, athletes and broadcasters). Two notable changes are to be made:
1. Changes to appendix 1 of the Immigration Rules by exempting certain applicants from visa requirements during the accreditation period RUNNING FROM 30TH March 2012 until 8th November 2012 (such as certain holders of the OIAC and PIAC). Other requirements set out in the statement of changes must be met.
2. Amendments to the visitor category by creating two new categories known as "Olympic or Paralympic games family member visitor" and an "Olympic or Paralympic games family member child visitor. Leave in these categories will be made available during the accreditation period and applicants will be admitted for up to 6 months or up until the end of the accreditation period. A requirement is that there is no recourse to public funds and applicants must not undertake any employment not related to the Olympic and Paralympic games.
Other minor changes
Minor changes are to be brought about concerning spouses/civil partners of settled persons in the UK with respect to in-country switching rules. These changes will also apply to unmarried and same sex partners.
Once proposed changes have been announced, Ergen & Sharif will endeavour to provide a full update with the details.
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
Following the disruption caused by the volcanic eruption we are pleased to report that normal service has been resumed at all of our visa operations.
The UK Border Agency would like to reassure travellers who have been unable to leave the UK and whose visas have now expired.
Changes to the Immigration Rules came into force yesterday, affecting migrant students and the educational providers that sponsor them under Tier 4 of the points-based system.
The government plans for identity cards for British citizens to be scrapped within 100 days it was announced today.
The UK Border Agency has today issued a warning over bogus job offers targeting foreign nationals seeking work in the UK
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
Following the disruption caused by the volcanic eruption we are pleased to report that normal service has been resumed at all of our visa operations.
The UK Border Agency would like to reassure travellers who have been unable to leave the UK and whose visas have now expired.
The government plans for identity cards for British citizens to be scrapped within 100 days it was announced today.
The UK Border Agency has today issued a warning over bogus job offers targeting foreign nationals seeking work in the UK
The sponsorship management system has been fixed.
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
Changes to the Immigration Rules came into force yesterday, affecting migrant students and the educational providers that sponsor them under Tier 4 of the points-based system.
New regulations have changed the requirement for migrants to have a knowledge of language and life in the UK when they apply for naturalisation as a British citizen.
The UK Border Agency has made important changes to the ESOL provisions within the 'knowledge of language and life' requirement for people seeking settlement in the UK.
The Immigration Rules relating to marriage visas are changing for serving members of the armed forces.
On Tuesday 6 April the UK Border Agency is launching a new service for customers applying to extend their permission to stay in the UK.
If you applied for a certificate of approval for marriage or civil partnership between 2005 and 2009, you may be eligible for the repayment of the fee you paid.
The government plans for identity cards for British citizens to be scrapped within 100 days it was announced today.
The UK Border Agency has today issued a warning over bogus job offers targeting foreign nationals seeking work in the UK
The sponsorship management system has been fixed.
Immigration minister announces that families of failed asylum seekers will no longer be held overnight at the centre
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
Changes to the Immigration Rules came into force yesterday, affecting migrant students and the educational providers that sponsor them under Tier 4 of the points-based system.
New regulations have changed the requirement for migrants to have a knowledge of language and life in the UK when they apply for naturalisation as a British citizen.
The UK Border Agency has made important changes to the ESOL provisions within the 'knowledge of language and life' requirement for people seeking settlement in the UK.
The Immigration Rules relating to marriage visas are changing for serving members of the armed forces.
On Tuesday 6 April the UK Border Agency is launching a new service for customers applying to extend their permission to stay in the UK.
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
If you applied for a certificate of approval for marriage or civil partnership between 2005 and 2009, you may be eligible for the repayment of the fee you paid.
Immigration minister announces that families of failed asylum seekers will no longer be held overnight at the centre
The government is committed to ending the detention of children for immigration purposes. We can announce that Immigration Minister Damian Green will be leading a wide-ranging review to achieve this, setting out plans in the coming months.
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
If you have been given refugee status or humanitarian protection in the UK, and your initial permission to stay here will expire before the new system of 'earned citizenship' comes into force (scheduled for July 2011), you will be able to apply for settlement and British citizenship under the current rules.
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
New regulations have changed the requirement for migrants to have a knowledge of language and life in the UK when they apply for naturalisation as a British citizen.
Following the general election on 6 may 2010, the UK Border Agency website has undergone some changes.
The UK Border Agency has made important changes to the ESOL provisions within the 'knowledge of language and life' requirement for people seeking settlement in the UK.